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Journal Article
WHICH TEXTUALISM?
2020
Overview
The academic indictment of textualism was almost in. Although textualism has in recent decades gained considerable prominence within the federal judiciary, legal scholars remain skeptical: critics argue that textualism is insensitive to the actual workings of Congress, overly rigid, or (conversely) overly malleable and thus not much different from its main competitor purposivism. Moreover, some critics charge that textualism is not a neutral method of interpretation at all. Instead, these commentators insist, textualism is often used as a smokescreen by conservative judges to reach ideologically acceptable outcomes.
Publisher
Harvard Law Review Association
